What does Responsible Investment on Land refer to?

Responsible Investments on Land refers to the efficient utilization for development of land and all its associated resources such as wetlands and rocks while taking into consideration interests of all the other stakeholders both direct and indirect. Responsible Investment on Land is guided by the Responsible Agriculture Investments (RAI) and the 10 principles of the CFS-RAI guidelines- adopted from the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT), a UN voluntary and non- binding framework applied in line with existing national and international laws on Land and investment. 

The escalating land disputes and conflicts in the country, clearly indicate the limited regard for responsible Investment of Land. Such has led to a progressive decline in the rate of community development for small scale farmers and investments as this is mainly characterized by stalemate of projects, destruction of property and loss of lives. 

How does Responsible Investment on Land contribute to Sustainable development?

Responsible investments on Land not only promote harmonious living but also are an efficient and effective way of increasing productivity both among community members and investors hence leading to improved food security and contribute towards wider realization of the right to adequate food in the context of national food security. The 10 principles of the CFS-RAI guides guide actions of all stakeholders engaged in agriculture and food systems towards fair governance of tenure of land, i.e., giving access to and control over land and other natural resources to the poorest rural communities. Hence investments and community members can thrive together in a more sustainable environment and food systems. 

What can be done to promote Responsible Investments on Land?

ESAFF Uganda in partnership with GIZ under the “Responsible Governance of Investments in Land” (RGIL) project in Uganda conducted a series of awareness-raising and championed the alternative Dispute Resolution Mechanism (ADRM) particularly mediation activities between affected communities and local investors. 

Alternative Dispute Resolution Mechanism (ADRM) refers to the different ways and techniques through which people can resolve conflicts or grievances with the help of an independent third party other than the formal legal system i.e. courts proceedings. Forms of mediation include Mediation, Negotiation, Arbitration, Litigation.

ESAFF Uganda embraced Mediation as an Alternative Dispute Resolution Mechanism to aid farming communities especially women to access justice at a cheaply and in a timely manner. Mediation refers to is a voluntary process in which a neutral third party helps two or more disputed parties to reach a mutually acceptable agreement to resolve their dispute. 

Through the ADRM, ESAFF Uganda established pro-community structures through which affected community members/ parties access justice through mediation as a form of ADRM.

The structures involved;

 Paralegals; these refer to community members with basic academic (ability to read and write) and are further equipped to capture (document) grievances arising in the communities. They have basic skills in mediation and can help mediate what is regarded as simple tasks while they refer harder or more complex tasks to the ADRC. The paralegal first interfaces with the grievance, he/she profiles the grievance then attempts to mediate the grievance. The paralegal then refers any grievance that has failed him/her to mediate to the committee. 

 Alternative Dispute Resolution Committees (ADRC); The sub county ADR committees are comprised of maximumly 7 members (LC3 Chairperson, Sub County Chief (SAS), Community Development Officer (CDO), Area Land Committee Chairperson, Religious leader, opinion leader and the paralegal from the parish level. As a committee they receive prior training to equip them with knowledge and skills needed to oversee the mediation process between conflicting parties. The committee chairperson in liaison with the Committee writes to the aggrieved parties inviting them for mediation at a specific location within the community at stipulated date. Once the parties agree to meet, the mediation is held with all parties given an equally opportunity to share their side of the story. Community members can be allowed to attend the mediation session if both parties agree to it and these can also witness to this process. Once an agreement is reached by both parties its documented and signed for implementation. 

Mediation has so far proven to be a win -win for both conflicting parties as it was the case in Kitemba Village Madudu Sub county where the community had grievances against a local Investor Annet Ssemwanga and all the grievances were successfully resolved during the mediation process and the two parties are now living harmonious together in the village. 

Primary Source

Investor community Dialogue

June 23, 2022

Community members in Kitemba village Madudu sub county raised several grievances against the investor during the community dialogue. This dialogue was chaired by the ADRM Committee led by the Madudu sub county LCIII chairperson Mr. Habiyaremye Edward. The investor and the community came up with a number of resolutions that promote harmonious living in the community and ensure growth of Investments. The investor agreed to clear the water source that had been blocked, re demarcate the boundaries of her farm for the neighbors’ that were complaining that the investor had encroached on their land, cut down trees that were affecting the growth of the neighbors’ crops as well as compensate the lady whose plot had been enclosed within the investor’s farm. At the end of the day the investor and community relationship improved.

Dialogue taking place

The investor responding to the community grievances